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(영문) 대전고등법원(청주) 2015.01.13 2013나20435

사용료

Text

1. The part against the defendant in the judgment of the court of first instance shall be revoked, and the plaintiff's claim corresponding to the revoked part shall be dismissed.

Reasons

1. Basic facts

A. The Plaintiff entered into an electricity use agreement with the Defendant operating the C Company in Jincheon-gun B, Jincheon-gun, and supplied the C Company with electricity.

B. On April 20, 2008, the Defendant newly established MOF (Mtering Out Fit, and change of pressure for instruments) with C companies. In the process, MOF’s short-term P2 was erroneously connected to P3, which is not the part of power measuring instruments P2, not the part of power measuring instruments.

(hereinafter referred to as “the instant order line”. On the other hand, the order of the MOF single unit is that the electrical company selected by the Defendant, and the seal work of the MOF single unit and the MOF single unit and the electric power meter group are in charge of each of the Plaintiff’s employees.

After that, on December 14, 2011, the Plaintiff replaced the electric measuring instruments installed in C companies. On December 20, 201, the Plaintiff received contact from D, an electrical safety supervisor of C companies, that the Plaintiff’s message was confirmed in C companies’ electric measuring instruments.

(C) Although the power meters of the Co., Ltd. was manufactured by the company before and after the replacement, the electric meters prior to the replacement had no function to confirm it even if there was an error between the MOF and the power meters. (D)

The Plaintiff’s staff E of the power supply team in Jincheon Branch found the instant error in the process of inspecting MOF established in C companies and the power measuring instruments around January 2012. On February 21, 2012, the Plaintiff corrected the instant error.

E. The electric consumption of C companies measured between January 2008 and December 2013 are as shown in the attached Table.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 2, 3, 7, 8, 9, Eul evidence Nos. 1, 2, 4, and 5 (including each number for additional evidence), witness E of the first instance court, witness E of the first instance court, and witness of D, the purport of the whole pleadings

2. Determination:

A. 2/3 out of the power actually used by C Company due to the misunderstanding of the Plaintiff’s assertion was not measured.

Therefore, the defendant shall pay to the plaintiff the electricity fee of 148,343 equivalent to the amount of electricity to be measured between March 2009 and February 2012.